BAIWIR v. MOODY

No. 21070.

947 S.W.2d 822 (1997)

Gayle BAIWIR (formerly known as Elsie Lou Findley), Plaintiff-Appellant, James Michael Findley, Homer Edmond Findley, and Gary Findley, Plaintiffs, v. William E. MOODY, Carl Cutburth, Clyde (Larry) Cutburth, Patricia Yadon, Virginia Hutchings, Romadean Garrison, Richard Kelly, Ashley Cemetery, Bernadean Pete, Jim Fry and Teresa Maples, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

June 25, 1997.


Attorney(s) appearing for the Case

Mark C. Fels, Gregory J. Smith, Smith & Fels, P.C., James E. Miller, Springfield, for appellant.

Stephen L. Shepard, P.C., Springfield, for respondents.


PARRISH, Judge.

This is an appeal of a judgment denying a petition to contest a will admitted to probate in the Probate Division of the Circuit Court of Wright County, Missouri. The petition alleged that Homer Arvil Findley, deceased, revoked his will dated December 19, 1985, by causing, with his consent and direction, the document to be obliterated. The trial court found there was no evidence that the claimed obliteration...

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